CIT Policies: Family Leave

CIT processes and procedures related to
University Time Away from Work Policy 6.9 — Family Leave

Date: September 2005
Most Recent Revision: July 2006
Responsible CIT Division and Director: Office of Information Technologies - Human Resources, Linda Croll Howell

Policy Statement

Cornell University provides several kinds of leave to assist non-academic staff members to balance the demands of the workplace, their individual needs, and the needs of their families, in ways that accommodate the legitimate interests of campus units. To assist staff to meet these needs, this section of University Policy 6.9, Time Away from Work, establishes leave benefits to parental and family health needs.

CIT Implementation

Overview
CIT will grant requests for Parental Leave and Family Health Leave in accordance with University Policy 6.9 Time Away from Work.

Please note that most policies and obligations contained in the university policy are not repeated in this document. Employees are expected to go to the link provided at the beginning of this document for detailed information regarding uniform provisions for each of the leaves.

Process/Procedures
Eligibility for Parental Leave and Family Health Leave All employees, including Cornell-employed temporary or casual, who have been employed by the university for at least 12 cumulative months and have been paid for at least 1,000 hours during the 12-month period immediately preceding the start of the leave are eligible. The 12 months the employee must have been employed do not have to be consecutive.

Employee Responsibilities
CIT employees are expected to:

Read, understand, and comply with all provision of the university's "Time Away from Work: Family Leaves for Staff" Policy and the processes/procedures in this document
Consult with CIT HR to review eligibility, obtain appropriate forms, and/or understand specific leave requirements
Provide required medical documentation to university Workers' Compensation and Disability Services (WCDS) of the Office of Human Resources representative
Respond to all requests for information from supervisor, CIT HR or WCDS
Maintain agreed upon communication with supervisor during leave period

Supervisor Responsibilities
CIT supervisors are expected to:

Read, understand, and comply with all provision of the university's "Time Away from Work: Family Leaves for Staff" Policy and the processes/procedures in this document
Consult with CIT HR to review eligibility, obtain appropriate forms, and/or understand specific leave requirements
Maintain contact with employee and CIT HR to ensure compliance with provisions of leave policy
Forward any medical reports/information to WCDS (Surge III Facility) without reading or assessing this information (all medical information and records are maintained by WCDS)

Intermittent Leave
With proper medical documentation, employees may take Parental Leave or Family Health leave in smaller increments than outlined in the policy. To minimize disruption to the organization's business needs and operations, supervisory approval is required. Contact CIT HR with issues or concerns and administration of an intermittent leave request.

PARENTAL LEAVE

Employees may take up to 16 weeks of Parental Leave to care for a newborn child, an adopted child, for the commencement of the adoption process, or for the placement of a child for foster care.

Requesting Parental Leave
Eligible employees may request Parental Leave with reasonable advance notice and in consultation with their supervisor, CIT HR and/or WCDS. If need for the leave is foreseeable, a 30 day notification period is expected. If need for the leave is not foreseeable, as much advanced notice as possible is expected.

Supervisors and employees should consider the business needs of the department when assessing requests. Employees will be expected to maintain periodic contact with their supervisor during the leave, with the frequency of this contact determined before leave begins.

Birth fathers or same-sex partners, and the parents of adoptive or foster children must submit medical, adoptive, or foster care documentation in addition to the Parental Leave Request form. Appropriate medical, adoptive, or foster care documentation includes a letter from an adoption or foster care agency, or from the lawyer in private adoption cases. Eligible fathers must provide a letter/script from the physician of the birth mother if she is not employed at Cornell.

Medical documentation for a birth mother who is employed at Cornell will already be on file due to the requirements of the Short-Term Disability plan.

The employee and supervisor should complete and submit the Parental Leave Request form and required supporting documentation to CIT HR as far in advance as possible of the beginning of the approved leave.

Returning from Parental Leave
No medical clearance to return to work is required. Employees are expected to provide advance notice to their supervisor regarding their leave plan including any modifications. Employees are not required to return immediately after the paid leave expires, providing it has not exceeded FMLA limits; however, the employee must contact their supervisor for extension approvals.

The supervisor is to inform CIT HR of any modifications to the original leave request as soon as possible.

FAMILY HEALTH LEAVE

Employees may apply for up to 12 weeks of Family Health Leave to care for a family member who has a serious health condition.

Requesting Family Health Leave
Eligible employees may apply for Family Health Leave with reasonable advance notice and in consultation with their supervisor, CIT HR and/or WCDS. If extenuating circumstances arise that do not allow for the employee to provide advance notice, contact CIT HR to process short-term notices appropriately.

Supervisors and employees should consider the business needs of the department when assessing requests. Employees will be expected to maintain periodic contact with their supervisor with the frequency of this contact determined before leave begins.

In addition to above outlined responsibilities, employees will be expected to:

Submit Family Health Leave request to CIT HR
Provide required documentation from the health care provider of the family member whose serious health condition requires the need of the employee's assistance.

CIT HR will forward materials to WCDS who reviews all requests. WCDS will notify the employee and CIT HR in writing of the approval or denial of the leave. If WCDS denies a Family Health Leave request, the employee may submit a written appeal to the Director of Benefit Services.

If the request is approved, the employee will be expected to comply with the provisions of the leave.

Returning from Family Health Leave
No medical clearance to return to work will be required. Employees are expected to provide advance notice to their supervisor regarding their leave plan including any modifications.

The employee is to inform their supervisor and CIT HR of any modifications to the original leave request as soon as possible.

Related Forms

University Forms

Parental Leave Request form [link to document to be provided separately]

Family Health Leave form

CIT Forms

[None]

Related Documents and Policies

University Documents and Policies

University Policy 6.9, Time Away from Work (excluding Academic and Bargaining Unit Staff) http://www.policy.cornell.edu/vol6_9.cfm

Parental Leave and Family Health Leave Polices & Forms http://www.ohr.cornell.edu/policies/formsEmployee/univPolicy/FamHlthParIndex.html

University Policy 6.6.13, Flexibility in the Workplace http://www.policy.cornell.edu/vol6_6_13.cfm

Family and Medical Leave Act 1993 http://www.dol.gov/esa/whd/fmla/

CIT Documents and Policies

[None]

Violations

Process
CIT HR will contact the employee and supervisor of any potential violations and consequences.

Consequences
Failure to request Parental Leave without advance notification to supervisor may result in denial of leave.

Failure to provide required forms to CIT HR and/or WCDS within specified time frame may result in payroll overpayment(s) which will require the employee to pay back the amount to the university.

Failure to return to work according to guidelines stated above and in university policy may result in disciplinary action.

If leave is not supplemented by pay from accrued time balances, employee will be billed for their benefit program premiums. Nonpayment of premiums can result in cancellation of health insurance or other benefits-related programs.

Definitions

University definitions are marked with an asterisk, all others are CIT definitions.

Term	Definition
Child*	"A biological, adopted, or foster child, stepchild, legal ward, or child of a person who is standing in loco parentis (see definition below). The child must be under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability."
Eligible Staff*	"All staff (including Cornell-employed temporary or casual) who have been employed by the university for at least 12 cumulative months and have been paid for at least 1,000 hours during the 12-month period immediately prior to the start of the leave. The 12-months during which the staff member must have been employed do not have to be consecutive."
Family Health Leave*	"Leave to care for an individual¹s family member who has a serious health condition."
Family/Family Member*	"The spouse, same-sex partner, parent, son or daughter, or any person who is dependent upon the staff member for care. This definition applies only to this policy."
Family and Medical Leave Act of 1993*	"Federal Law requiring private employers of 50 or more employees to provide eligible employees up to 12 weeks of unpaid, job-protected leave for up to a total of 12 workweeks in any 12 months because of the birth of a child and to care for the newborn child; the placement of a child with the employee for adoption or foster care; the employee is needed to care for a family member with a serious health condition; or the employee's own serious health condition makes that employee unable to perform the functions of his or her job. In certain cases, this leave may be taken on an intermittent basis, rather than all at once, or the employee may work a part-time schedule."
Foster Care*	"Twenty-four hour care for children in substitution for, and away from, their parents or guardian. Such placement must include state (that is governmental) involvement."
Health Care Provider*	Refer to policy for full definition
In Loco Parentis*	"A person with day-to-day responsibilities to care for and financially support a child, or a person who had such responsibility for the staff member when the staff member was a child. A biological or legal relationship is not necessary."
Intermittent Leave*	"Leave taken in separate blocks of time, rather than in one continuous period, related to a single illness or injury. Such leave may be taken in blocks of hours, days, or weeks."
Parent*	"A biological, adoptive, or foster parent, or an individual who stands 'in loco parentis' (see definition above)."
Parental Leave*	"Leave to care for a child following birth, adoption, commencement of the adoption process, or the placement of a child with a staff member for foster care."
Serious Health Condition*	Refer to policy for full definition

Refer to University Policy 6.9 Time Away from Work for exhaustive list of definitions related to this policy.

FAQ/Examples

Question	Answer/Examples
I'd like to take two weeks of Parental Leave at the birth of my child and two weeks a few months later. Is this possible?	Yes - Employees may take up to 16 weeks of Parental Leave in a 12-month period beginning with the birth of a child, commencement of the adoption process, or the placement of a child for foster care.
I understand that Parental Leave is unpaid. Are there any options for receiving any pay during the Leave?	Yes - The university provides up to four weeks of half-pay during the term of Parental Leave for parents of newborns and parents of adoptive children which must be taken consecutively. As stated above, employees can choose to use accrued leaves to supplement all or part of Parental Leave. Refer to Policy 6.9 for specific details.
I work a reduced schedule, how does that affect my ability to use Parental Leave?	With proper medical and/or adoptive documentation and with supervisor approval, Parental Leave may be used in shorter increments, but no less than half-day.

Contacts

Subject	Contact	Phone	E-mail
Policy Clarification Responsible Director	Linda Croll Howell	5-2590	llc36
Policy Clarification CIT HR Generalists	Tammy Blasz Jennifer Russler Shannon Veley	5-4981 5-3051 5-4636	td13 jcr9 sev25
Policy Clarification University Workers Compensation and Disability Services Office	Barbara Boyd	5-7836	bb30